Prosecution Insights
Last updated: April 19, 2026
Application No. 18/102,718

BLADELESS UNDERWATER ELECTRICITY GENERATOR

Final Rejection §103
Filed
Jan 29, 2023
Examiner
STOUT, RILEY OWEN
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Roberto Manuel-German Bode
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
75%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
86 granted / 115 resolved
+6.8% vs TC avg
Minimal +1% lift
Without
With
+0.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
35 currently pending
Career history
150
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
34.8%
-5.2% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 115 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-8, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Peralta (US 20100176596 A1) in view of Hong et al (US 20210175789 A1). With respect to claim 1, Peralta teaches a Underwater Electricity Generator apparatus comprising: a fluid that contains ions (paragraph 26 “sea water”), at least one first magnet (paragraph 7 ”The power tube, complete with its two magnets” and fig. 2, top magnet), at least one first electrode and second electrode (paragraph 7 “electrodes”), a dynamic fluid flow control mechanism (paragraph 7 “WATER PUMP: A "centrifugal/radial" unit (Power Head 600) aquarium pump with adjustable flow rate (0 to 3 gpm) capable of using salt water,”) comprising a static hydrodynamic splitting surface (fig. 3, plastic coaxial shield and flow tube), and dynamic fluid flow control mechanism of the underwater electricity generator thereby producing at least one of a voltage or an electrical current (paragraph 7 “As soon as the pump is turned on and saline begins to pass the electrode area, a voltage (V.sub.b) is detected at the pair of terminals of the HV cell achieving a value of 45 mv DC that "remains stable" as long as the flow rate through the power tube remained constant.”). Peralta does not teach “wherein the fluid that contains ions is divided into at least two physically separated sub-stream portions such that at least a first sub-stream contacts only the first electrode, and at least a second sub-stream contacts only the second electrode after flow of the fluid through a magnetic field” Hong teaches wherein the fluid that contains ions is divided into at least two physically separated sub-stream portions (fig. 1, membrane 120) such that at least a first sub-stream contacts only the first electrode, and at least a second sub-stream contacts only the second electrode after flow of the fluid through a magnetic field (paragraph 24 “A lamellar membrane 120 is placed inside the housing 102 to separate a first chamber 122 from a second chamber 124. The first chamber 122 is fluidly connected to the first inlet 102A to receive the first fluid 104 and the second chamber 124 is fluidly connected to the second inlet 1028 to receive the second fluid 106.”) It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with the separated chambers of Hong in order to increase the charge differential between the tanks thereby increasing the energy generated increasing the efficiency of the system. With respect to claim 2, Peralta teaches an inlet (fig. 2, area marked “in”), a controller (paragraph 24 “input to a DC/DC converter such as a Linear Technology Corp. (LT) model LT 3740 which can operate with inputs as low as 2.2 volts and deliver an output of 5 volts.” Examiner is interpreting the converter as a controller) and an electrode housing (fig. 2, case/container) Peralta does not teach “the static hydrodynamic splitting surface defining the at least two physically separated sub-stream portions wherein the static hydrodynamic splitting surface and electrode housing are downstream of the inlet.” Hong teaches the static hydrodynamic splitting surface defining the at least two physically separated sub-stream portions (fig.1 , first and second liquids 104 and 106) wherein the static hydrodynamic splitting surface and electrode housing are downstream of the inlet (fig. 1, first and second inlets 102A/B are upstream of membrane 120). It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with the separated chambers of Hong in order to increase the charge differential between the tanks thereby increasing the energy generated increasing the efficiency of the system. With respect to claim 3, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches at least a second magnet (paragraph 7 ”The power tube, complete with its two magnets” and fig. 2, bottom magnet), wherein the first magnet and the second magnet additively combine magnetic fields such that a substantially uniform magnetic field is attained between the magnets (paragraph 7 “The magnets had an approximate flux density, B=5 T fEXPERIMENTAL RESULTS: As soon as the pump is turned on and saline begins to pass the electrode area, a voltage (V.sub.b) is detected at the pair of terminals of the HV cell achieving a value of 45 mv DC that "remains stable" as long as the flow rate through the power tube remained constant”), the substantially uniform magnetic field exerting a Lorentz force on ions within the fluid (paragraph 6 “shown graphically in FIG. 1 which shows a volume of charges moving along the z axis as a result of the "external" force which for the postulated IMHD principle represents an "artificial" Lorentz force.”). With respect to claim 4, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches, wherein the first magnet and the second magnet are positioned on opposite sides of the fluid containing ions, and the velocity of the fluid containing ions is dynamically controlled. With respect to claim 5, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches, wherein the dynamic fluid flow control mechanism comprises at least one foil, having a suction surface and a pressure surface, the surface normal of each the at least one foil suction surface and pressure surface is substantially perpendicular to the surface normal of each side of the static hydrodynamic splitting surface, (see at least figure 2, Examiner is interpreting the variable size of the intake as acting as a foil with geometry that is perpendicular to the coaxial shield and the flow tube). With respect to claim 6, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches the first magnet is installed in the cavity of the at least one foil (fig. 2, magnet and intake foil are in the same tube). With respect to claim 7, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches, wherein the first electrode and second electrode define electrode cylinders, each of the first electrode and second electrode allowing one of the physically separated sub-stream portions to flow therethrough (fig. 2, electrode), and the first and second electrodes are electrically connected (see figure 2, electrodes are partially cylindrical and connected). With respect to claim 8, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches a voltage or electrical current monitoring system configured to output measurements, wherein the measurements are used by (paragraph 24 “This voltage can now be used as the input to a DC/DC converter such as a Linear Technology Corp. (LT) model LT 3740 which can operate with inputs as low as 2.2 volts and deliver an output of 5 volts” Examiner is interpreting the variable converter as measuring the output), a controller to generate signals (see paragraph 24 quoted earlier). With respect to claim 21, Peralta discloses teaches a plurality of paired magnets (fig. 2, top and bottom magnets), wherein a substantially uniform magnetic field axis is formed between at least two magnets of each pair of magnets (paragraph 7 “Two properly oriented permanent magnets were aligned with the proper field axis orientation to the electrode ensemble.”), wherein the magnetic field vector between each pair of magnets is substantially antiparallel with the next closest adjacent pair of magnets (see at least figure 1, magnetic paths are antiparallel to each other magnet), a plurality of paired cylindrical electrodes, each pair of cylindrical electrodes downstream of each pair of magnets (fig. 2, electrodes), wherein the pairs of cylindrical electrodes are arranged to receive a fluid containing ions contacting only the interior of the cylindrical electrodes after passing the pair of magnets, wherein a voltage or current is formed by the underwater electricity generator between each pair of cylindrical electrodes (paragraph 7 “As soon as the pump is turned on and saline begins to pass the electrode area, a voltage (V.sub.b) is detected at the pair of terminals of the HV cell achieving a value of 45 mv DC that "remains stable" as long as the flow rate through the power tube remained constant.”). With respect to claim 22, Peralta discloses the plurality paired magnets contains at least a first and second pair of magnets (fig. 2, magnets), the first pair of magnets arranged so that an external magnetic field from the first pair of magnets is substantially parallel and overlapping with the internal magnetic field of the second pair of magnets and antiparallel with the internal magnetic field of the first pair of magnets. (fig. 2, magnets are aligned with one another). Claims 9-11, 14-20, 24, and 27-31 are rejected under 35 U.S.C. 103 as being unpatentable over Peralta in view of Hong in further view of Lynch (US 20120230021 A1). With respect to claim 9, Peralta in view of Hong teaches the above-mentioned limitations but does not teach “wherein the dynamic fluid flow control mechanism can adjust the angle of attack of the foil based on the signals generated by the controller.” Lynch teaches wherein the dynamic fluid flow control mechanism can adjust the angle of attack of the foil based on the signals generated by the controller (paragraph 55 “the energy conversion and control unit 14 converts the oscillating motion, or flutter, of vane 16 into an electrical current.”). It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with the separate chambers of Hong with the variable angle foils of Lynch in order to modulate the flow of water into the system thereby variably changing the power generated. With respect to claim 10, Peralta in view of Hong in view of Lynch teaches the above-mentioned limitations, Peralta further teaches wherein the angle of attack of the foils is modifies the velocity of the fluid through the substantially uniform magnetic field so that the Lorentz force exerted on ions in the modified in real time based on the measurements. (paragraph 7 “A "centrifugal/radial" unit (Power Head 600) aquarium pump with adjustable flow rate (0 to 3 gpm) capable of using salt water, and powered by a household voltage.”). With respect to claim 11, Peralta teaches at least one of: a tower mount system (fig. 2, case), wherein the generator apparatus is mounted at the upper most location (fig. 2, magnet and electrodes are at the uppermost portion); Peralta nor Hong teaches “an anchor and umbilical, wherein the generator apparatus further comprises a buoyancy system to maintain the generator apparatus at a desired depth and the anchor further comprises a reel for the umbilical.” Lynch teaches an anchor and umbilical (paragraph 62 “Alternately, the system 10 may be attached to anchored buoys with the energy extraction unit 12 positioned so that it is fully immersed below the surface of the water”), wherein the generator apparatus further comprises a buoyancy system to maintain the generator apparatus at a desired depth and the anchor further comprises a reel for the umbilical (paragraph 62 “The guide panels 56 (see FIG. 1) may also be adjusted to maximize the turbulence of the fluid flowing through the flow-way 54, thereby also optimizing the oscillatory rotational motion of the vanes 16 and maximizing the energy harvesting efficiency of the system 10.”). It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with separate chambers of Hong with the variable anchor of Lynch in order to modulate the flow of water into the system thereby variably changing the power generated. With respect to claim 24, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches the voltage or current formed by the underwater electricity generator is measured by a controller (paragraph 24 “This voltage can now be used as the input to a DC/DC converter such as a Linear Technology Corp. (LT) model LT 3740 which can operate with inputs as low as 2.2 volts and deliver an output of 5 volts” Examiner is interpreting the variable converter as measuring the output). Peralta nor Hong teaches “wherein the controller uses the measured voltage or current to control an orientation of a pair of movable foils to increase a gap between the suction surfaces of the pair of movable foils.” Lynch teaches wherein the controller uses the measured voltage or current to control an orientation of a pair of movable foils to increase a gap between the suction surfaces of the pair of movable foils. (paragraph 55 “the energy conversion and control unit 14 converts the oscillating motion, or flutter, of vane 16 into an electrical current.”). It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with separate chambers of Hong with the variable angle foils of Lynch in order to modulate the flow of water into the system thereby variably changing the power generated. With respect to claim 27, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches a first step of placing an underwater electricity generator in a fluid stream containing ions (paragraph 20 “one way to accomplish this is to "enclose" each flow tube within a "coaxial" "shield" to produce a composite/coaxial power tube where water can flow through the center flow tube, to produce all the voltages, allow for electrical interconnections between each of the cells in the series "string", and yet be shielded from the corrosive effects of the saltwater.”), Peralta does not teach “wherein a second step divides the fluid stream into two sub-streams having a net charge difference between the sub-streams, and maintains the net charge difference by adjusting a foil.“ Hong teaches wherein a second step divides the fluid stream into two sub-streams having a net charge difference between the sub-streams (fig. 1, membrane 120), Hong does not teach “maintains the net charge difference by adjusting a foil.” Lynch teaches maintains the net charge difference by adjusting a foil (paragraph 55 “the energy conversion and control unit 14 converts the oscillating motion, or flutter, of vane 16 into an electrical current.”). It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with separate chambers of Hong with the variable angle foils of Lynch in order to modulate the flow of water into the system thereby variably changing the power generated. With respect to claim 28, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches the second step divides the fluid stream by the movement of the ions in between two substantially parallel magnets (paragraph 6 “Based on the heart's research and its "successful" demonstration, it has been possible to postulate an "inverse" magneto hydrodynamics (IMHD) principle where an "external"/artificial force "moves" charge contained in a liquid (an electrolyte) past a region where a magnetic field is oriented orthogonally to the direction of fluid flow, with a resulting "separation" of charges being predicted, such that all charges move along the quadrature axis, with the anions moving in one direction while the cations move along the same axis, but in the opposite direction, as shown graphically in FIG. 1 which shows a volume of charges moving along the z axis as a result of the "external" force which for the postulated IMHD principle represents an "artificial" Lorentz force.”). With respect to claim 29, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches a third step of measuring the net charge difference between the sub-streams (paragraph 24 “This voltage can now be used as the input to a DC/DC converter such as a Linear Technology Corp. (LT) model LT 3740 which can operate with inputs as low as 2.2 volts and deliver an output of 5 volts” Examiner is interpreting the variable converter as measuring the output). Peralta nor Hong teaches “utilizing a measurement from a sensor by a controller to adjust the angle of attack of the foil.” Lynch teaches utilizing a measurement from a sensor by a controller to adjust the angle of attack of the foil (paragraph 55 “the energy conversion and control unit 14 converts the oscillating motion, or flutter, of vane 16 into an electrical current.”). It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with separate chambers of Hong with the variable angle foils of Lynch in order to modulate the flow of water into the system thereby variably changing the power generated. With respect to claim 30, Peralta in view of Hong teaches the above-mentioned limitations. Peralta further teaches a fourth step wherein an amount of voltage or current is extracted from the net charge difference to enable energy usable energy generation (paragraph 7 “The magnets had an approximate flux density, B=5 T fEXPERIMENTAL RESULTS: As soon as the pump is turned on and saline begins to pass the electrode area, a voltage (V.sub.b) is detected at the pair of terminals of the HV cell achieving a value of 45 mv DC that "remains stable" as long as the flow rate through the power tube remained constant”), the substantially uniform magnetic field exerting a Lorentz force on ions within the fluid (paragraph 6 “shown graphically in FIG. 1 which shows a volume of charges moving along the z axis as a result of the "external" force which for the postulated IMHD principle represents an "artificial" Lorentz force.”). With respect to claim 31, Peralta in view of Hong teaches the above-mentioned limitations but does not teach “a fourth step wherein the angle of attack is based on real time voltage or current measurements providing dynamic control over the foil." Lynch teaches a fourth step wherein the angle of attack is based on real time voltage or current measurements providing dynamic control over the foil. (paragraph 55 “the energy conversion and control unit 14 converts the oscillating motion, or flutter, of vane 16 into an electrical current.”). It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with separate chambers of Hong with the variable angle foils of Lynch in order to modulate the flow of water into the system thereby variably changing the power generated. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Peralta in view of Hong in view of Lynch in further view of Kerr (US 20190372448 A1). With respect to claim 25, Peralta discloses the fluid velocity control system comprises a hydrofoil (see at least figure 2, Examiner is interpreting the variable size of the intake as acting as a foil), wherein at least one magnet of each of the first and second pairs of magnets is contained in the hydrofoil (fig. 2, magnets). Peralta does not teach “wherein at least one magnet of each pair of magnets is installed in each movable foil of the pair of movable foils creating a substantially uniform magnetic field between the suction surfaces of movable foils.” Kerr teaches wherein at least one magnet of each pair of magnets is installed in each movable foil of the pair of movable foils creating a substantially uniform magnetic field between the suction surfaces of movable foils. (fig, 3, magnet 301) It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with separate chambers of Hong with the variable angle foils of Lynch and the magnets within the foils in order to further modulate the electric field via the foils thereby more precisely controlling the power generated. Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Peralta in view of Hong in view of Lynch in further view of Jennings (US 20110129358 A1(. With respect to claim 26, Peralta teaches the above-mentioned limitations but does not teach “the first electrode is a cylindrical electrode that radially encircles one of the sub-streams, and wherein the radially interior surface of the first electrode is exposed to the flowing fluid in the physically separated sub-stream portion, and the radially exterior surface of the first electrode is not exposed to the fluid or the sub-stream.” Hong teaches wherein the radially interior surface of the first electrode is exposed to the flowing fluid in the physically separated sub-stream portion (fig. 1, electrode 130), and the radially exterior surface of the first electrode is not exposed to the fluid or the sub-stream (paragraph 25 “two or more electrodes 130 and 132 are placed inside the housing 102, one in each of the chambers 122 and 124, and these electrodes are connected to an energy storage device 134. The electrodes may be placed directly into the first and second fluids.” The Examiner is interpreting that at least part of the electrode may be outside of the fluid). Hong does not teach “the first electrode is a cylindrical electrode that radially encircles one of the sub-streams.” Jennings teaches the first electrode is a cylindrical electrode that radially encircles one of the sub-streams (paragraph 37 “Electrode 134 may include an opposing anode 168 and cathode 170. As shown in FIGS. 2 and 3, anode 168 and cathode 170 (collectively "electrodes") are opposing, semi-cylindrical plates that line a portion of magneto drive 130.”). It would have been obvious to one of ordinary skill, in the art at the time the invention was filed, to combine the generator of Peralta with separate chambers of Hong with the variable angle foils of Lynch and cylindrical foils of Jennings in order to better surround the ionic fluid thereby increasing the charge generated and the power generated. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RILEY OWEN STOUT whose telephone number is (571)272-0068. The examiner can normally be reached Monday-Friday 7:30-5:30pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher M Koehler can be reached at (571)272-3560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /R.O.S./ Examiner, Art Unit 2834 /CHRISTOPHER M KOEHLER/ Supervisory Patent Examiner, Art Unit 2834
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Prosecution Timeline

Jan 29, 2023
Application Filed
Jun 12, 2025
Non-Final Rejection — §103
Sep 04, 2025
Response Filed
Jan 06, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
75%
With Interview (+0.6%)
2y 8m
Median Time to Grant
Moderate
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